The purport of the right to demand an auction under Article 45 (1) of the Multi-Unit Residential Building Act

The application for auction under Article 45 (1) of the Multi-Unit Residential Building Act is only a legal device that allows the manager or the sectional owner designated by the resolution of the management body meeting to seek an auction of the section for exclusive use and the right to use the site of the said sectional owner, and it does not have the right to make an application for a reconstruction association in order to enforce the obligations of the sectional owner who refuses to implement the reconstruction project.

Article 45 (1) of the Multi-Unit Residential Building Act

Attorney Lee Jong-hee, Counsel for the plaintiff-appellant of the Han River Reconstruction Housing Association in this village

Defendant

Seoul High Court Decision 94Na21841 delivered on October 5, 1994

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

The decision of the court of first instance maintained by the court below is that the request for auction under Article 45 (1) of the Multi-Unit Residential Building Act is extremely difficult to maintain community life by causing the sectional owners of an aggregate building to preserve, manage and use the building, and it is only a legal device that allows the manager or the sectional owners designated by the resolution of the management body meeting to seek an auction of the section for exclusive use and right to use the site of the relevant sectional owners, and it does not have the right to request the reconstruction association to compel the sectional owners who failed to implement the reconstruction project to perform their obligations as in this case. The decision of the court of first instance and the court below dismissed the plaintiff's request for auction of this case for the purpose of the reconstruction project. The above decision of the court of first instance and the court below are just, and there is no merit in the conclusion of the appeal that the above request for auction shall apply to the reconstruction

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)